Legal Question in Employment Law in Wisconsin

Employer withholding pay

I am about to start college next week, but that means I have to quit my full-time job. I didn't actually know the starting day of my college semester until after it is too late to give my 2 weeks notice. When I first was hired they told me that they will not pay you for your last week of employment if you don't give two weeks notice. Now I only have 2 days before I have to announce that i won't be coming in monday because of school. They can't really withhold my last weeks pay legally can they? And if this is illegal please quote a specific law or something if you can, in case the topic comes up later.


Asked on 8/20/08, 10:29 am

1 Answer from Attorneys

Sally Stix Law Offices of Sally A. Stix

Re: Employer withholding pay

This is from Wis. Statute 109.03(2):

(2) PAYMENT TO DISCHARGED OR RESIGNED EMPLOYEES. Any

employee, except a sales agent employed on a commission basis,

not having a written contract for a definite period, who quits

employment or who is discharged from employment shall be paid

in full by no later than the date on which the employee regularly

would have been paid under the employer�s established payroll

schedule or the date of payment required under sub. (1), whichever

is earlier

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Answered on 8/20/08, 3:36 pm


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